DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “base” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the “recharging unit” and the “base” set forth for claim independent claims 1 and 10 should be explicitly disclosed in the specification.
Claim Objections
Claims 1-12 are objected to because of the following informalities:
A comma should be included between “The system of claim #” and “wherein” in line 1 of claims 2-9 ad 11-12.
Regarding claim 1, either “and” or “or” needs to be included at the following locations: line 7 after “subprogram;”, line 21 after “electronic device;”, line 22 after “elements;” line 28 after “station;”, line 33 after “body;”, or any other locations where “and” or “or” must be specified in order to accurately claim the desired invention.
Additionally, “execution of parameters” in line 7 of claim 1 should read, “execution of the user defined parameters” for clarity.
Regarding claim 7, “having V-shaped key” in line 2 should read, “having a V-shaped key”, and “having V-shaped groove” in lines 2-3 should read, “having a V-shaped groove”.
Regarding claim 8, “with heating elements” in line 2 should read, “the heating elements”.
Regarding claims 9 and 12, “wherein electronics unit” in line 1 should read, “wherein the electronics unit”, and “heading unit” in line 1 should read, “heating unit”.
Regarding claim 10, either “and” or “or” needs to be included at the following locations: line 7 after “subprogram;”, line 21 after “electronic device;”, line 26 after “elements;” line 30 after “bore;”, line 38 after “program;”, line 43 after “body;”, or any other locations where “and” or “or” must be specified in order to accurately claim the desired invention. Additionally, “oven.;” in line 19 should read “oven;”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means,” and are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the “two way communication means” in line 18 of claim 1 and line 22 of claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
It is unclear whether the printed circuit board, “V. a printed circuit board to connect…” in line 22 of claim 1, or line 24 of claim 10 is the same printed circuit board as set forth in line 18 of claim 1 or line 22 of claim 10, “2. a printed circuit board;” or if the claim is disclosing a second separate printed circuit board.
The claim is being interpreted to read “V. the printed circuit board to connect…” in line 22 of claim 1 or in line 24 of claim 10, or in other words, to be the same printed circuit board.
Claim 1 and 10 recite the limitation "the electronic elements" in line 22 of claim 1 and line 24 of claim 10. There is insufficient antecedent basis for this limitation in the claim.
The limitation “electronic elements” are being interpreted to mean the rechargeable battery, PCB, and microprocessor.
It is unclear whether the “recharging unit having a base”, as set forth in line 23 of claim 1 and line 25 of claim 10, as well as the “recharging station” set forth in line 26 of claim 1 and line 28 of claim 10, indicates that the “base” or “recharging station” is the “recharging unit” itself, or if the “base” and “recharging unit” and “recharging station” are separate embodiments. This is due to the specifications failure to set forth the “recharging unit” or the “base”.
The limitation “recharging unit having a base” is being interpreted to be a singular embodiment as is the “docking station” or “recharging station” as set forth for the specification.
Claim 8 recites the limitation "heating elements" in line 2 of claim 8. There is insufficient antecedent basis for this limitation in the claim.
The limitation “heating elements” are being interpreted to mean the “heating unit”.
Claims 2-7, 9, and 11-12 are rejected based on dependency.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Atkins (US 20200120987 A1) in view of Grant (US 20190321260 A1) in further view of Memari (US 10687560 B2).
Regarding claim 1, Atkins discloses a system for the dispersal of heated vaporates (Set forth in the Abstract) using a portable vaporizer (FIGS. 1B-1D show an exemplary compact electronic vaporizer device assembly 100 as set forth in [0091]; FIG. 1A is a schematic illustration of one example of an electronic vaporization device 100′ as set forth in [0084]) containing a microprocessor running a subprogram to interact with an electronic device running a control program (FIG. 1A-1E A vaporizer device, such as devices 10, 100, 100′, may include a vaporized mass predictor (e.g., VMP unit), such as within the control unit 10, 110, wherein the VMP 109 may execute the logic to determine the dose delivered according to the method, wherein the VMP includes software (e.g., a software module or control logic) that runs on the processor and may integrate power readings from the heater controller, temperature readings from the temperature sensor; and in some cases puff duration or puff frequency readings from the puff sensor and timer, and will then calculate how much vapor has been vaporized from a vaporizable material as set forth in [0130], the VMP unit is a microprocessor as set forth in [0134]; FIG. 1E The processor comprises a controlling logic 14 that relays instructions to the heating element controller 4 as set forth in [0097]) and a recharging unit (FIG. 1E The electronic vaporizer device may include a power source, such as power source 230, wherein the rechargeable battery is compatible with a charging cradle which is a physical device capable of supporting the electronic vaporizer device while charging as set forth in [0150]) comprising:
a. the electronic device (FIG. 1E Control unit 10 which can be part of one or more printed circuit boards 240 as shown in FIGS. 1B-1D as set forth in [0095]) comprising:
i. the control program to transmit user defined parameters to the microprocessor subprogram within the vaporizer and receive feedback on the execution of parameters from the subprogram (FIG. 1E As set forth in [0095]-[0097]; To determine an amount of vapor received by the user, the control unit 10 can relay a temperature reading 7 and a power reading 5 during a puff (which can be determined by the puff sensor 15) to the VMP unit 8, which can calculate a predicted vaporized mass 9. In certain embodiments, the VMP unit 8 relays the predicted vaporized mass 9 to the memory unit 11. In certain embodiments, the VMP unit 8 relays the predicted vaporized mass to the user interface controller 12. In a certain embodiment, the processor comprises a controlling logic 14 that relays instructions to the heating element controller 4. In a certain embodiment, the method comprises activating an alert unit as set forth in [0097]);
ii. a running database for logging and comparing preprogrammed parameters (FIG. 1 and 1E Devices 10, 100, 100’, may include a memory coupled to the VMP. The memory is internal to the electronic vaporizer device. In certain embodiments, the memory is external to the electronic vaporizer device and is configured to store a plurality of any of temperature, power, pressure, time, puff duration, puff frequency measurements and combinations thereof as set forth in [0148]; an alert unit is configured to alert the user when the amount of vapor delivered meets or exceeds a preset vapor amount threshold for the user's puff, or when a cumulative amount of the vapor delivered from a plurality of puffs meets or exceeds a preset vapor amount threshold as set forth in [0083] and [0090]);
b. the vaporizer (FIGS. 1B-1D show an exemplary compact electronic vaporizer device assembly 100 as set forth in [0091]; FIG. 1A is a schematic illustration of one example of an electronic vaporization device 100′ as set forth in [0084]) comprising:
i. a mouthpiece unit (FIGS. 1B-1D Mouthpiece 310 allows the user to puff on the device to inhale material aerosolized by the device as set forth in [0091]);
ii. a removable vaporate cartridge unit containing at least one chamber configured to hold vaporate (FIG. 1B-1D The compact electronic device 100 can include a device body 200 with a cartridge receptacle 210 for receiving a cartridge 300 or a “pod” that can be removably inserted into the device body 200 as set forth in [0091]);
iii. a heating unit being controlled by the subprogram (FIG. 1B Heater 360, wherein the temperature of the heater may be controlled by the microcontroller of the PCB 240 as set forth in [0093]; as well as FIG. 1A Heater 106, controlled by the heater controller may include a dedicated or general purpose processor, circuitry, or the like and is generally connected to the power source and may receive input from the power source to regulate the applied power to the heater, the controller forming or including the heater controller may also include additional controllers/processors and executing logic 110 as set forth in [0085], the power source may be communicatively coupled to the heater controller and the power source is configured to deliver an adjustable amount of power and is controlled by the VMP unit as set forth in [0151]);
iv. an electronics unit (FIG. 1B Power source 230 and PCB 240) comprising:
1. a rechargeable battery (FIG. 1B Power source 230 is a rechargeable battery as set forth in [0150]);
2. a printed circuit board (FIG. 1B Printed circuit board PCB 240 as set forth in [0093]); and
3. the microprocessor running the subprogram to control the heating unit; and send and receive communication with the control program within the electronic device (FIG. 1A-1E Vaporizer device, such as devices 10, 100, 100’, may include a vaporized mass predictor, such as within the control unit 10, 110. The VMP may execute the logic to determine the dose delivered as set forth in [0134]; FIG. 1E The processor comprises a controlling logic 14 that relays instructions to the heating element controller 4 as set forth in [0097], control unit 10 can be part of the one or more printed circuit boards 240 shown in FIGS. 1B-1D as set forth in [0095]);
v. a printed circuit board to connect the electronic elements (The power source 230 and heater 260 are communicatively coupled to control unit 10, which can be part of PCB 240 as set forth in [0150] and [0095]);
c. the recharging unit having a base (FIG. 1E The electronic vaporizer devices include a power source, such as power source 230, wherein the rechargeable battery is compatible with a charging cradle which is a physical device capable of supporting the electric vaporizer while charging as set forth in [0150]) comprising:
i. two way communication means in communication with the control program (FIG. 1B-D The charging cradle has charging contacts, configured to mate to contacts on the electronic vaporizer device, the charging contacts providing electrical communication from the recharging unit to the power source 230, and then further, the power source 230 and heater 360 are communicatively coupled to a control unite, which can be part of one or more printed circuit boards 240 as set forth in [0150] and [0095]);
ii. a recharging station comprising vaporizer receiving port (FIG. 1B-D The charging cradle has charging contacts, configured to mate to contacts on the electronic vaporizer device, the location in which the device is received being the vaporizer receiving port as set forth in [0150]);
wherein the heating unit and electronics unit are contained within a body (As seen in FIG. 1C-1D located in device body 200) and the cartridge unit and the mouthpiece unit are removably affixed to the proximal end of the body (FIG. 1A Device 100, includes a separate detachable pod configured to hold a vaporizable material, the pod is removable or replaceable, the pod further comprises a mouthpiece as set forth in [0158]);
wherein the control program is user programmed with vaporate specifics and the specifics are transmitted to the subprogram in the vaporizer for execution, the results of the execution being transmitted by to the control program to update the database (FIG. 1A-1E A vaporizer device, such as devices 10, 100, 100′, may include a vaporized mass predictor (e.g., VMP unit), such as within the control unit 10, 110, wherein the VMP 109 may execute the logic to determine the dose delivered according to the method, wherein the VMP includes software (e.g., a software module or control logic) that runs on the processor and may integrate power readings from the heater controller, temperature readings from the temperature sensor; and in some cases puff duration or puff frequency readings from the puff sensor and timer, and will then calculate how much vapor has been vaporized from a vaporizable material as set forth in [0130], FIG. 1B Heater 360, wherein the temperature of the heater may be controlled by the microcontroller of the PCB 240 as set forth in [0093]; as well as FIG. 1A Heater 106, controlled by the heater controller may include a dedicated or general purpose processor, circuitry, or the like and is generally connected to the power source and may receive input from the power source to regulate the applied power to the heater, the controller forming or including the heater controller may also include additional controllers/processors and executing logic 110 as set forth in [0085], the power source may be communicatively coupled to the heater controller and the power source is configured to deliver an adjustable amount of power and is controlled by the VMP unit as set forth in [0151]; FIG. 1 and 1E Devices 10, 100, 100’, may include a memory coupled to the VMP. The memory is internal to the electronic vaporizer device. In certain embodiments, the memory is external to the electronic vaporizer device and is configured to store a plurality of any of temperature, power, pressure, time, puff duration, puff frequency measurements and combinations thereof as set forth in [0148]; an alert unit is configured to alert the user when the amount of vapor delivered meets or exceeds a preset vapor amount threshold for the user's puff, or when a cumulative amount of the vapor delivered from a plurality of puffs meets or exceeds a preset vapor amount threshold as set forth in [0083] and [0090]).
The embodiment of the device as set forth above for Atkins fails to explicitly disclose the heating unit containing at least one oven.
However, Atkins does disclose that in an alternative embodiment, the heater element is in an oven configuration, wherein the heating element surrounds a chamber with stainless steel walls, and heats a vaporizable material, placed within the chamber, by conduction. In an oven configuration, the inside of the oven can be exposed to the outside by removal of an oven lid, which allows loading of a vaporizable material. The oven can further contain an outlet that allows vapor to escape to the user (As set forth in [0154]).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the embodiment of FIGS. 1A-1E of Atkins to include, wherein the heater element is in an oven configuration, wherein the heating element surrounds a chamber with stainless steel walls, and heats a vaporizable material, placed within the chamber, by conduction. In an oven configuration, the inside of the oven can be exposed to the outside by removal of an oven lid, which allows loading of a vaporizable material. The oven can further contain an outlet that allows vapor to escape to the user (As set forth in [0154]). Doing so would provide a known element for performing the vaporization of the vaporizable material by heat (As set forth in [0154]).
Atkins as modified fails to explicitly discloses wherein the recharging unit comprises a vaporate cartridge station in communication with a vaporate scale.
However, Grant teaches wherein, a recharging unit comprises a vaporate cartridge station in communication with a vaporate scale (Grant: In one embodiment, a weight scale is used to determine the volume of fluid filled into the disposable and may also be used for verification by comparing the before-use volume with the after-use volume of the disposable. In some embodiments, this is accomplished by weighing the disposable before and after reservoir filling is complete. In some embodiments, the weight scale may be reset to zero) (i.e., tared) to the disposable prior to filling. In other embodiments, a weight may be taken before the fill and afterwards as set forth in [1048]; FIG. 205 The charger station 2900 includes a charging section 2902 for a reusable assembly, a charging section 2904 for a remote control device, and a weight scale 2906. The weight scale 2906 in some embodiments may be sized to accommodate a disposable assembly 2908 as set forth in 1051, wherein the benefits include off-board integrity verification of volume sensing at each disposable change; accurate determination of volume at fill, in the case of Atkins as modified, before use instead of at fill, to both accurately track current reservoir volume and thus alarm user when volume is low; and verification of volume regardless of disposable manufacture variability as set forth in [1054]).
Atkins and Grant are both considered to be analogous to the claimed invention because they are in the same field of recharging units for medical or therapeutic devices for delivering material, medical or otherwise, to a user. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the recharging unit of Atkins to incorporate the teaching of Grant and include, wherein the recharging unit comprises a vaporate cartridge station in communication with a vaporate scale (Grant: In one embodiment, a weight scale is used to determine the volume of fluid filled into the disposable and may also be used for verification by comparing the before-use volume with the after-use volume of the disposable. In some embodiments, this is accomplished by weighing the disposable before and after reservoir filling is complete. In some embodiments, the weight scale may be reset to zero) (i.e., tared) to the disposable prior to filling. In other embodiments, a weight may be taken before the fill and afterwards as set forth in [1048]; FIG. 205 The charger station 2900 includes a charging section 2902 for a reusable assembly, a charging section 2904 for a remote control device, and a weight scale 2906. The weight scale 2906 in some embodiments may be sized to accommodate a disposable assembly 2908 as set forth in 1051, wherein the benefits include off-board integrity verification of volume sensing at each disposable change; accurate determination of volume at fill, in the case of Atkins as modified, before use instead of at fill, to both accurately track current reservoir volume and thus alarm user when volume is low; and verification of volume regardless of disposable manufacture variability as set forth in [1054]). Doing so would provie the system with off-board integrity verification of volume sensing at each disposable change; accurate determination of volume at fill, in the case of Atkins as modified, before use instead of at fill, to both accurately track current reservoir volume and thus alarm user when volume is low; and verification of volume regardless of disposable manufacture variability (Grant: As set forth in [1054]).
Atkins as modified fails to explicitly discloses wherein the recharging unit further comprises a rechargeable battery for providing power to the vaporizer receiving port and the vaporate scale;
However, Memari teaches, wherein the recharging unit further comprises a rechargeable battery for providing power to the unit components (Memari: FIGS. 6 and 7, there is shown a portable charging and re-filling case 100 according to the invention. The portable charging and re-filling case 100 houses a fluid reservoir 3 and a rechargeable case battery 68 both of which are user-removable and replaceable as set forth in column 19 lines 31-35).
Atkins and Memari are both considered to be analogous to the claimed invention because they are in the same field of recharging units for vaporizers. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the recharging unit of Atkins as modified to incorporate the teaching of Grant and include, wherein the recharging unit further comprises a rechargeable battery for providing power to the unit components (Memari: FIGS. 6 and 7, there is shown a portable charging and re-filling case 100 according to the invention. The portable charging and re-filling case 100 houses a fluid reservoir 3 and a rechargeable case battery 68 both of which are user-removable and replaceable as set forth in column 19 lines 31-35). Doing so would enable the recharging unit to be portable and ensure the power source for powering the recharging unit is replaceable and rechargeable (Memari: As set forth in column 19 lines 31-35).
Atkins as modified fails to explicitly discloses wherein the heating unit and electronics unit are removably contained.
However, it would have been obvious to one of ordinary skill in the art to modify the heating unit and electronics unit of the device of Atkins as modified to make them removeable or separable from the device, According to section 2144 of the MPEP, the rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law. In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992); see also In re Kotzab, 217 F.3d 1365, 1370, 55 USPQ2d 1313, 1317 (Fed. Cir. 2000) (setting forth test for implicit teachings); In re Eli Lilly & Co., 902 F.2d 943, 14 USPQ2d 1741 (Fed. Cir. 1990) (discussion of reliance on legal precedent); In re Nilssen, 851 F.2d 1401, 1403, 7 USPQ2d 1500, 1502 (Fed. Cir. 1988) (references do not have to explicitly suggest combining teachings); Ex parte Clapp, 227 USPQ 972 (Bd. Pat. App. & Inter. 1985) (examiner must present convincing line of reasoning supporting rejection); and Ex parte Levengood, 28 USPQ2d 1300 (Bd. Pat. App. & Inter. 1993) (reliance on logic and sound scientific reasoning). Making components seperable/removeable for the purpose of servicing, cleaning, upgrading, or access to internal components of the device are all motivations for doing so that would be obvious to one of ordinary skill in the art. See In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose."), which discusses that making components separable or removeable are common practices which the court has held normally require only ordinary skill in the art and hence are considered routine expedients. Therefore, it would have been obvious to one of ordinary skill in the art to make it so the heating unit and electronics unit are removably contained within the body.
Regarding claim 2, Atkins as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Atikins as modified further discloses, wherein the vaporate specifics include at least one from the group comprising length of vaporate burn, temperature of vaporate burn, vaporate burn start time, and vaporate burn end time, and the vaporate specifics update the running database (FIG. 1A-1E A vaporizer device, such as devices 10, 100, 100′, may include a vaporized mass predictor (e.g., VMP unit), such as within the control unit 10, 110, wherein the VMP 109 may execute the logic to determine the dose delivered according to the method, wherein the VMP includes software (e.g., a software module or control logic) that runs on the processor and may integrate power readings from the heater controller, temperature readings from the temperature sensor; and in some cases puff duration or puff frequency readings from the puff sensor and timer, and will then calculate how much vapor has been vaporized from a vaporizable material as set forth in [0130], FIG. 1B Heater 360, wherein the temperature of the heater may be controlled by the microcontroller of the PCB 240 as set forth in [0093]; as well as FIG. 1A Heater 106, controlled by the heater controller may include a dedicated or general purpose processor, circuitry, or the like and is generally connected to the power source and may receive input from the power source to regulate the applied power to the heater, the controller forming or including the heater controller may also include additional controllers/processors and executing logic 110 as set forth in [0085], the power source may be communicatively coupled to the heater controller and the power source is configured to deliver an adjustable amount of power and is controlled by the VMP unit as set forth in [0151]; FIG. 1 and 1E Devices 10, 100, 100’, may include a memory coupled to the VMP. The memory is internal to the electronic vaporizer device. In certain embodiments, the memory is external to the electronic vaporizer device and is configured to store a plurality of any of temperature, power, pressure, time, puff duration, puff frequency measurements and combinations thereof as set forth in [0148]; an alert unit is configured to alert the user when the amount of vapor delivered meets or exceeds a preset vapor amount threshold for the user's puff, or when a cumulative amount of the vapor delivered from a plurality of puffs meets or exceeds a preset vapor amount threshold as set forth in [0083] and [0090]).
Regarding claim 3, Atkins as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Atikins as modified further discloses, wherein each of the at least one vaporate cartridge chamber aligns with the at least one oven, thereby burning the vaporate associated with the at least one oven (The heater element is in an oven configuration, wherein the heating element surrounds a chamber with stainless steel walls, and heats a vaporizable material, placed within the chamber, by conduction. In an oven configuration, the inside of the oven can be exposed to the outside by removal of an oven lid, which allows loading of a vaporizable material. The oven can further contain an outlet that allows vapor to escape to the user as set forth in [0154] and as modified above for claim 1, all aligned within device body 200).
Regarding claim 4, Atkins as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Atikins as modified further discloses, wherein the database further includes background information on each vaporate (The vaporizer apparatuses described herein may include a user interface that communicates puff frequency, puff duration, amount of TPM vaporized, amount of active ingredient vaporized, or any combination thereof, and the display can allow the user to select the type of vaporizable material as set forth in [0180]).
Regarding claim 5, Atkins as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Atikins as modified by Grant further teaches, wherein a user weighs the vaporate cartridge before use and after use (Grant: In one embodiment, a weight scale is used to determine the volume of fluid filled into the disposable and may also be used for verification by comparing the before-use volume with the after-use volume of the disposable. In some embodiments, this is accomplished by weighing the disposable before and after reservoir filling is complete. In some embodiments, the weight scale may be reset to zero) (i.e., tared) to the disposable prior to filling. In other embodiments, a weight may be taken before the fill and afterwards as set forth in [1048]; FIG. 205 The charger station 2900 includes a charging section 2902 for a reusable assembly, a charging section 2904 for a remote control device, and a weight scale 2906. The weight scale 2906 in some embodiments may be sized to accommodate a disposable assembly 2908 as set forth in 1051, wherein the benefits include off-board integrity verification of volume sensing at each disposable change; accurate determination of volume at fill, in the case of Atkins as modified, before use instead of at fill, to both accurately track current reservoir volume and thus alarm user when volume is low; and verification of volume regardless of disposable manufacture variability as set forth in [1054]), the quantity of vaporate burned being transmitted to the control program for database update (FIG. 1E The VMP unit 8 relays the predicted vaporized mass 9 to the memory unit 11. In certain embodiments, the VMP unit 8 relays the predicted vaporized mass to the user interface controller 12. In a certain embodiment, the processor comprises a controlling logic 14 that relays instructions to the heating element controller 4. In a certain embodiment, the method comprises activating an alert unit as set forth in [0097]).
Regarding claim 6, Atkins as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Atikins as modified further discloses, wherein each of the at least one chamber in said vaporate cartridge aligns with each of the at least one oven in the heating unit to permit vapor to enter the mouthpiece unit during inhalation (The heater element is in an oven configuration, wherein the heating element surrounds a chamber with stainless steel walls, and heats a vaporizable material, placed within the chamber, by conduction. In an oven configuration, the inside of the oven can be exposed to the outside by removal of an oven lid, which allows loading of a vaporizable material. The oven can further contain an outlet that allows vapor to escape to the user as set forth in [0154] and as modified above for claim 1, all aligned within device body 200, which would indicate that the vaporate cartridge and oven are aligned).
Regarding claim 9, Atkins as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Atikins as modified above for claim 1 further teaches, wherein the electronics unit and said heating unit are removably secured within the body of said vaporizer. Accordingly, It would have been obvious to one of ordinary skill in the art to modify the heating unit and electronics unit of the device of Atkins as modified to make them removeable or separable from the device, According to section 2144 of the MPEP, the rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law. In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992); see also In re Kotzab, 217 F.3d 1365, 1370, 55 USPQ2d 1313, 1317 (Fed. Cir. 2000) (setting forth test for implicit teachings); In re Eli Lilly & Co., 902 F.2d 943, 14 USPQ2d 1741 (Fed. Cir. 1990) (discussion of reliance on legal precedent); In re Nilssen, 851 F.2d 1401, 1403, 7 USPQ2d 1500, 1502 (Fed. Cir. 1988) (references do not have to explicitly suggest combining teachings); Ex parte Clapp, 227 USPQ 972 (Bd. Pat. App. & Inter. 1985) (examiner must present convincing line of reasoning supporting rejection); and Ex parte Levengood, 28 USPQ2d 1300 (Bd. Pat. App. & Inter. 1993) (reliance on logic and sound scientific reasoning). Making components seperable/removeable for the pupose of servincing, cleaning, upgrading, or access to internal components of the device are all motivations for doing so that would be obvious to one of ordinary skill in the art. See In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose."), which discusses that making components separable or removeable are common practices which the court has held normally require only ordinary skill in the art and hence are considered routine expedients. Therefore, it would have been obvious to one of ordinary skill in the art to make it so the heating unit and electronics unit are removably contained within the body.
Claim 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Atkins (US 20200120987 A1) in view of Grant (US 20190321260 A1) in further view of Memari (US 10687560 B2)as applied to claim 1, in further view of Novak (US 20140261495 A1).
Regarding claim 7, Atkins as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Atikins as modified fails to explicitly disclose, wherein the cartridge unit and the heating unit are maintained in alignment by an alignment shaft having V-shaped key that interacts with a central bore having V-shaped groove in the cartridge unit and the heating unit.
However, Novak teaches wherein the cartridge unit and other device components are maintained in alignment by an alignment shaft having V-shaped key that interacts with a central bore having V-shaped groove in the cartridge unit and the heating unit (Novak: FIG. 19-20 includes a modified view through the aerosol delivery device 700 illustrating the engagement of the anti-rotation mechanism 508 of the cartridge 500 with the anti-rotation mechanism 608 of the connector body 600, wherein changes in the radial dimensions of the inner periphery 514 of the base 502 and the outer periphery 614 of the coupler 602 as described above may facilitate alignment and attachment of the cartridge 500 to the control body 600 as set forth in [0108], wherein when brought into contact, engagement between the edges of the protrusions 512, 612 may substantially prevent rotational movement between the cartridge 500 and the control body 600, the alignment shaft being the coupler 602, the bore being the space within the housing of cartridge 500 and body 600, with tips 616 of the protrusions 610 and the protrusions 512, 612 being the keys and grooves that interact with the space within the housing in order to prevent rotation, as set forth in [0108]-[0110]).
Atkins and Novak are both considered to be analogous to the claimed invention because they are in the same field of aerosol delivery devices including a cartridge. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the components of Atkins, specifically the cartridge unit and the heating unit, to incorporate the teaching of Novak and include, wherein the cartridge unit and other device components are maintained in alignment by an alignment shaft having V-shaped key that interacts with a central bore having V-shaped groove in the cartridge unit and the heating unit (Novak: FIG. 19-20 includes a modified view through the aerosol delivery device 700 illustrating the engagement of the anti-rotation mechanism 508 of the cartridge 500 with the anti-rotation mechanism 608 of the connector body 600, wherein changes in the radial dimensions of the inner periphery 514 of the base 502 and the outer periphery 614 of the coupler 602 as described above may facilitate alignment and attachment of the cartridge 500 to the control body 600 as set forth in [0108], wherein when brought into contact, engagement between the edges of the protrusions 512, 612 may substantially prevent rotational movement between the cartridge 500 and the control body 600, the alignment shaft being the coupler 602, the bore being the space within the housing of cartridge 500 and body 600, with tips 616 of the protrusions 610 and the protrusions 512, 612 being the keys and grooves that interact with the space within the housing in order to prevent rotation, as set forth in [0108]-[0110]). Doing so would prevent rotation of the device components relative to a cartridge when engaged therewith would provide a connection between the components that feels secure and permanent to a user despite the releasability thereof, and which may reduce wear on electrical contacts of the coupler caused by rotation between the cartridge and device components (Novak: As set forth in [0103]).
Regarding claim 8, Atkins as modified discloses the claimed invention substantially as claimed as set forth for claim 7 above.
Atikins as modified by Novak further teaches, wherein the alignment shaft has at least one length section with a reduced diameter, the reduced diameter dimensioned to receive the heating unit (Novak: FIG. 19-20 includes a modified view through the aerosol delivery device 700 illustrating the engagement of the anti-rotation mechanism 508 of the cartridge 500 with the anti-rotation mechanism 608 of the connector body 600, wherein changes in the radial dimensions of the inner periphery 514 of the base 502 and the outer periphery 614 of the coupler 602 as described above may facilitate alignment and attachment of the cartridge 500 to the control body 600 as set forth in [0108], wherein when brought into contact, engagement between the edges of the protrusions 512, 612 may substantially prevent rotational movement between the cartridge 500 and the control body 600, the alignment shaft being the coupler 602 which has recesses 612 alternatingly disposed about an outer periphery 614 of the coupler 602 as set forth in [0104], the variance in the outer periphery being a portion of the diameter that is reduced, which in turn receives the component containing the heating unit as modified above for claim 7).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Atkins (US 20200120987 A1) in view of Novak (US 20140261495 A1) and Grant (US 20190321260 A1) in further view of Memari (US 10687560 B2).
Regarding claim 10, Atkins discloses a system for the dispersal of heated vaporates (Set forth in the Abstract) using a portable vaporizer (FIGS. 1B-1D show an exemplary compact electronic vaporizer device assembly 100 as set forth in [0091]; FIG. 1A is a schematic illustration of one example of an electronic vaporization device 100′ as set forth in [0084]) containing a microprocessor running a subprogram to interact with an electronic device running a control program (FIG. 1A-1E A vaporizer device, such as devices 10, 100, 100′, may include a vaporized mass predictor (e.g., VMP unit), such as within the control unit 10, 110, wherein the VMP 109 may execute the logic to determine the dose delivered according to the method, wherein the VMP includes software (e.g., a software module or control logic) that runs on the processor and may integrate power readings from the heater controller, temperature readings from the temperature sensor; and in some cases puff duration or puff frequency readings from the puff sensor and timer, and will then calculate how much vapor has been vaporized from a vaporizable material as set forth in [0130], the VMP unit is a microprocessor as set forth in [0134]; FIG. 1E The processor comprises a controlling logic 14 that relays instructions to the heating element controller 4 as set forth in [0097]) and a recharging unit (FIG. 1E The electronic vaporizer device may include a power source, such as power source 230, wherein the rechargeable battery is compatible with a charging cradle which is a physical device capable of supporting the electronic vaporizer device while charging as set forth in [0150]) comprising:
a. the electronic device (FIG. 1E Control unit 10 which can be part of one or more printed circuit boards 240 as shown in FIGS. 1B-1D as set forth in [0095]) comprising:
i. the control program to transmit user defined parameters to the microprocessor subprogram within the vaporizer and receive feedback on the execution of parameters from the subprogram (FIG. 1E As set forth in [0095]-[0097]; To determine an amount of vapor received by the user, the control unit 10 can relay a temperature reading 7 and a power reading 5 during a puff (which can be determined by the puff sensor 15) to the VMP unit 8, which can calculate a predicted vaporized mass 9. In certain embodiments, the VMP unit 8 relays the predicted vaporized mass 9 to the memory unit 11. In certain embodiments, the VMP unit 8 relays the predicted vaporized mass to the user interface controller 12. In a certain embodiment, the processor comprises a controlling logic 14 that relays instructions to the heating element controller 4. In a certain embodiment, the method comprises activating an alert unit as set forth in [0097]);
ii. a running database for logging and comparing preprogrammed parameters (FIG. 1 and 1E Devices 10, 100, 100’, may include a memory coupled to the VMP. The memory is internal to the electronic vaporizer device. In certain embodiments, the memory is external to the electronic vaporizer device and is configured to store a plurality of any of temperature, power, pressure, time, puff duration, puff frequency measurements and combinations thereof as set forth in [0148]; an alert unit is configured to alert the user when the amount of vapor delivered meets or exceeds a preset vapor amount threshold for the user's puff, or when a cumulative amount of the vapor delivered from a plurality of puffs meets or exceeds a preset vapor amount threshold as set forth in [0083] and [0090]), the running database including background information on each vaporate (The vaporizer apparatuses described herein may include a user interface that communicates puff frequency, puff duration, amount of TPM vaporized, amount of active ingredient vaporized, or any combination thereof, and the display can allow the user to select the type of vaporizable material as set forth in [0180]);
b. the vaporizer (FIGS. 1B-1D show an exemplary compact electronic vaporizer device assembly 100 as set forth in [0091]; FIG. 1A is a schematic illustration of one example of an electronic vaporization device 100′ as set forth in [0084]) comprising:
i. a mouthpiece unit (FIGS. 1B-1D Mouthpiece 310 allows the user to puff on the device to inhale material aerosolized by the device as set forth in [0091]);
ii. a removable vaporate cartridge unit having a center bore and containing at least one vaporate chamber configured to hold vaporate (FIG. 1B-1D The compact electronic device 100 can include a device body 200 with a cartridge receptacle 210 for receiving a cartridge 300 or a “pod” that can be removably inserted into the device body 200 as set forth in [0091], the bore being the hole within the pod that forms the chamber holding the vaporate);
iii. a heating unit, each of the at least one oven being controlled by the subprogram (FIG. 1B Heater 360, wherein the temperature of the heater may be controlled by the microcontroller of the PCB 240 as set forth in [0093]; as well as FIG. 1A Heater 106, controlled by the heater controller may include a dedicated or general purpose processor, circuitry, or the like and is generally connected to the power source and may receive input from the power source to regulate the applied power to the heater, the controller forming or including the heater controller may also include additional controllers/processors and executing logic 110 as set forth in [0085], the power source may be communicatively coupled to the heater controller and the power source is configured to deliver an adjustable amount of power and is controlled by the VMP unit as set forth in [0151]) and each of the at least one oven aligning with each of the at least one vaporate chamber to burn only the vaporate associated with the aligning vaporate chamber and heating unit (The cartridge and heating unit being aligned within device body 200 as seen in FIG. 1B-D, wherein the cartridge 300 can include a heater 360 and a material storage compartment 320 configured to store the material to be vaporized as set forth in [0093]);
iv. an electronics unit (FIG. 1B Power source 230 and PCB 240) comprising:
1. a rechargeable battery (FIG. 1B Power source 230 is a rechargeable battery as set forth in [0150]);
2. a printed circuit board (FIG. 1B Printed circuit board PCB 240 as set forth in [0093]); and
3. the microprocessor running the subprogram to control the heating unit; and send and receive communication with the control program within the electronic device (FIG. 1A-1E Vaporizer device, such as devices 10, 100, 100’, may include a vaporized mass predictor, such as within the control unit 10, 110. The VMP may execute the logic to determine the dose delivered as set forth in [0134]; FIG. 1E The processor comprises a controlling logic 14 that relays instructions to the heating element controller 4 as set forth in [0097], control unit 10 can be part of the one or more printed circuit boards 240 shown in FIGS. 1B-1D as set forth in [0095]);
v. a printed circuit board to connect the electronic elements (The power source 230 and heater 260 are communicatively coupled to control unit 10, which can be part of PCB 240 as set forth in [0150] and [0095]);
c. the recharging unit having a base (FIG. 1E The electronic vaporizer devices include a power source, such as power source 230, wherein the rechargeable battery is compatible with a charging cradle which is a physical device capable of supporting the electric vaporizer while charging as set forth in [0150]) comprising:
i. two way communication means in communication with the control program (FIG. 1B-D The charging cradle has charging contacts, configured to mate to contacts on the electronic vaporizer device, the charging contacts providing electrical communication from the recharging unit to the power source 230, and then further, the power source 230 and heater 360 are communicatively coupled to a control unite, which can be part of one or more printed circuit boards 240 as set forth in [0150] and [0095]);
ii. a recharging station comprising vaporizer receiving port (FIG. 1B-D The charging cradle has charging contacts, configured to mate to contacts on the electronic vaporizer device, the location in which the device is received being the vaporizer receiving port as set forth in [0150]);
wherein the heating unit and electronics unit are contained within a body (As seen in FIG. 1C-1D located in device body 200) and the cartridge unit and the mouthpiece unit are removably affixed to the proximal end of the body (FIG. 1A Device 100, includes a separate detachable pod configured to hold a vaporizable material, the pod is removable or replaceable, the pod further comprises a mouthpiece as set forth in [0158]);
wherein the control program is user programmed with vaporate specifics and the specifics are transmitted to the subprogram in the vaporizer for execution, the results of the execution being transmitted by to the control program to update the database (FIG. 1A-1E A vaporizer device, such as devices 10, 100, 100′, may include a vaporized mass predictor (e.g., VMP unit), such as within the control unit 10, 110, wherein the VMP 109 may execute the logic to determine the dose delivered according to the method, wherein the VMP includes software (e.g., a software module or control logic) that runs on the processor and may integrate power readings from the heater controller, temperature readings from the temperature sensor; and in some cases puff duration or puff frequency readings from the puff sensor and timer, and will then calculate how much vapor has been vaporized from a vaporizable material as set forth in [0130], FIG. 1B Heater 360, wherein the temperature of the heater may be controlled by the microcontroller of the PCB 240 as set forth in [0093]; as well as FIG. 1A Heater 106, controlled by the heater controller may include a dedicated or general purpose processor, circuitry, or the like and is generally connected to the power source and may receive input from the power source to regulate the applied power to the heater, the controller forming or including the heater controller may also include additional controllers/processors and executing logic 110 as set forth in [0085], the power source may be communicatively coupled to the heater controller and the power source is configured to deliver an adjustable amount of power and is controlled by the VMP unit as set forth in [0151]; FIG. 1 and 1E Devices 10, 100, 100’, may include a memory coupled to the VMP. The memory is internal to the electronic vaporizer device. In certain embodiments, the memory is external to the electronic vaporizer device and is configured to store a plurality of any of temperature, power, pressure, time, puff duration, puff frequency measurements and combinations thereof as set forth in [0148]; an alert unit is configured to alert the user when the amount of vapor delivered meets or exceeds a preset vapor amount threshold for the user's puff, or when a cumulative amount of the vapor delivered from a plurality of puffs meets or exceeds a preset vapor amount threshold as set forth in [0083] and [0090]).
The embodiment of the device as set forth above for Atkins fails to explicitly disclose the heating unit containing at least one oven and having a central bore.
However, Atkins does disclose that in an alternative embodiment, the heater element is in an oven configuration, wherein the heating element surrounds a chamber with stainless steel walls, and heats a vaporizable material, placed within the chamber, by conduction. In an oven configuration, the inside of the oven can be exposed to the outside by removal of an oven lid, which allows loading of a vaporizable material. The oven can further contain an outlet that allows vapor to escape to the user (As set forth in [0154], the wall forming the central bore).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the embodiment of FIGS. 1A-1E of Atkins to include, wherein the heater element is in an oven configuration, wherein the heating element surrounds a chamber with stainless steel walls, and heats a vaporizable material, placed within the chamber, by conduction. In an oven configuration, the inside of the oven can be exposed to the outside by removal of an oven lid, which allows loading of a vaporizable material. The oven can further contain an outlet that allows vapor to escape to the user (As set forth in [0154], the walls forming the central bore). Doing so would provide a known element for performing the vaporization of the vaporizable material by heat (As set forth in [0154]).
Atikins as modified fails to explicitly disclose, an alignment shaft having at least two diameters along its length and a V-shaped key on each diameter to maintain the heating unit and cartridge unit in alignment through interaction with a complementary V-shaped groove within a heating unit and cartridge unit bore.
However, Novak teaches, an alignment shaft having at least two diameters along its length and a V-shaped key on each diameter to maintain the device components and cartridge unit in alignment through interaction with a complementary V-shaped groove within a component and cartridge unit bore (Novak: FIG. 19-20 includes a modified view through the aerosol delivery device 700 illustrating the engagement of the anti-rotation mechanism 508 of the cartridge 500 with the anti-rotation mechanism 608 of the connector body 600, wherein changes in the radial dimensions of the inner periphery 514 of the base 502 and the outer periphery 614 of the coupler 602 as described above may facilitate alignment and attachment of the cartridge 500 to the control body 600 as set forth in [0108], wherein when brought into contact, engagement between the edges of the protrusions 512, 612 may substantially prevent rotational movement between the cartridge 500 and the control body 600, the alignment shaft being the coupler 602, the bores being the space within the housing of cartridge 500 and body 600, with tips 616 of the protrusions 610 and the protrusions 512, 612 being the keys and grooves that interact with the space within the housing in order to prevent rotation, as set forth in [0108]-[0110], the variance in the outer periphery being a portion of the diameter that is reduced).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the components of Atkins, specifically the cartridge unit and the heating unit, to incorporate the teaching of Novak and include, an alignment shaft having at least two diameters along its length and a V-shaped key on each diameter to maintain the device components and cartridge unit in alignment through interaction with a complementary V-shaped groove within a component and cartridge unit bore (Novak: FIG. 19-20 includes a modified view through the aerosol delivery device 700 illustrating the engagement of the anti-rotation mechanism 508 of the cartridge 500 with the anti-rotation mechanism 608 of the connector body 600, wherein changes in the radial dimensions of the inner periphery 514 of the base 502 and the outer periphery 614 of the coupler 602 as described above may facilitate alignment and attachment of the cartridge 500 to the control body 600 as set forth in [0108], wherein when brought into contact, engagement between the edges of the protrusions 512, 612 may substantially prevent rotational movement between the cartridge 500 and the control body 600, the alignment shaft being the coupler 602, the bores being the space within the housing of cartridge 500 and body 600, with tips 616 of the protrusions 610 and the protrusions 512, 612 being the keys and grooves that interact with the space within the housing in order to prevent rotation, as set forth in [0108]-[0110], the variance in the outer periphery being a portion of the diameter that is reduced). Doing so would prevent rotation of the device components relative to a cartridge when engaged therewith would provide a connection between the components that feels secure and permanent to a user despite the releasability thereof, and which may reduce wear on electrical contacts of the coupler caused by rotation between the cartridge and device components (Novak: As set forth in [0103]).
Atkins as modified fails to explicitly discloses wherein the recharging unit comprises a vaporate cartridge station in communication with a vaporate scale, to enable a user to weigh the vaporate containing cartridge before and after use, the weight being transmitted to the control program.
However, Grant teaches wherein the recharging unit comprises a vaporate cartridge station in communication with a vaporate scale (Grant: In one embodiment, a weight scale is used to determine the volume of fluid filled into the disposable and may also be used for verification by comparing the before-use volume with the after-use volume of the disposable. In some embodiments, this is accomplished by weighing the disposable before and after reservoir filling is complete. In some embodiments, the weight scale may be reset to zero) (i.e., tared) to the disposable prior to filling. In other embodiments, a weight may be taken before the fill and afterwards as set forth in [1048]; FIG. 205 The charger station 2900 includes a charging section 2902 for a reusable assembly, a charging section 2904 for a remote control device, and a weight scale 2906. The weight scale 2906 in some embodiments may be sized to accommodate a disposable assembly 2908 as set forth in 1051, wherein the benefits include off-board integrity verification of volume sensing at each disposable change; accurate determination of volume at fill, in the case of Atkins as modified, before use instead of at fill, to both accurately track current reservoir volume and thus alarm user when volume is low; and verification of volume regardless of disposable manufacture variability as set forth in [1054]), to enable a user to weigh the vaporate containing cartridge before and after use (Grant: In one embodiment, a weight scale is used to determine the volume of fluid filled into the disposable and may also be used for verification by comparing the before-use volume with the after-use volume of the disposable. In some embodiments, this is accomplished by weighing the disposable before and after reservoir filling is complete. In some embodiments, the weight scale may be reset to zero) (i.e., tared) to the disposable prior to filling. In other embodiments, a weight may be taken before the fill and afterwards as set forth in [1048]; FIG. 205 The charger station 2900 includes a charging section 2902 for a reusable assembly, a charging section 2904 for a remote control device, and a weight scale 2906. The weight scale 2906 in some embodiments may be sized to accommodate a disposable assembly 2908 as set forth in 1051, wherein the benefits include off-board integrity verification of volume sensing at each disposable change; accurate determination of volume at fill, in the case of Atkins as modified, before use instead of at fill, to both accurately track current reservoir volume and thus alarm user when volume is low; and verification of volume regardless of disposable manufacture variability as set forth in [1054]), the weight being transmitted to the control program (Grant: A processor may calculate the weight of the fluid filled and correlate the weight to a volume of fluid as set forth in [1048], wherein the system can communicate with the correlating the data, an integrity verification test and the system may alarm the user appropriately as set forth in [1052]).
Atkins as modified fails to explicitly discloses wherein the recharging unit further comprises a rechargeable battery for providing power to the vaporizer receiving port and the vaporate scale;
However, Memari teaches, wherein the recharging unit further comprises a rechargeable battery for providing power to the unit components (Memari: FIGS. 6 and 7, there is shown a portable charging and re-filling case 100 according to the invention. The portable charging and re-filling case 100 houses a fluid reservoir 3 and a rechargeable case battery 68 both of which are user-removable and replaceable as set forth in column 19 lines 31-35).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the recharging unit of Atkins as modified to incorporate the teaching of Grant and include, wherein the recharging unit further comprises a rechargeable battery for providing power to the unit components (Memari: FIGS. 6 and 7, there is shown a portable charging and re-filling case 100 according to the invention. The portable charging and re-filling case 100 houses a fluid reservoir 3 and a rechargeable case battery 68 both of which are user-removable and replaceable as set forth in column 19 lines 31-35). Doing so would enable the recharging unit to be portable and ensure the power source for powering the recharging unit is replaceable and rechargeable (Memari: As set forth in column 19 lines 31-35).
Atkins as modified fails to explicitly discloses wherein the heating unit and electronics unit are removably contained.
However, it would have been obvious to one of ordinary skill in the art to modify the heating unit and electronics unit of the device of Atkins as modified to make them removeable or separable from the device, According to section 2144 of the MPEP, the rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law. In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992); see also In re Kotzab, 217 F.3d 1365, 1370, 55 USPQ2d 1313, 1317 (Fed. Cir. 2000) (setting forth test for implicit teachings); In re Eli Lilly & Co., 902 F.2d 943, 14 USPQ2d 1741 (Fed. Cir. 1990) (discussion of reliance on legal precedent); In re Nilssen, 851 F.2d 1401, 1403, 7 USPQ2d 1500, 1502 (Fed. Cir. 1988) (references do not have to explicitly suggest combining teachings); Ex parte Clapp, 227 USPQ 972 (Bd. Pat. App. & Inter. 1985) (examiner must present convincing line of reasoning supporting rejection); and Ex parte Levengood, 28 USPQ2d 1300 (Bd. Pat. App. & Inter. 1993) (reliance on logic and sound scientific reasoning). Making components seperable/removeable for the pupose of servincing, cleaning, upgrading, or access to internal components of the device are all motivations for doing so that would be obvious to one of ordinary skill in the art. See In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose."), which discusses that making components separable or removeable are common practices which the court has held normally require only ordinary skill in the art and hence are considered routine expedients. Therefore, it would have been obvious to one of ordinary skill in the art to make it so the heating unit and electronics unit are removably contained within the body.
Regarding claim 11, Atkins as modified discloses the claimed invention substantially as claimed as set forth for claim 10 above.
Atikins as modified further discloses, wherein the vaporate specifics include at least one from the group comprising length of vaporate burn, temperature of vaporate burn, vaporate burn start time, and vaporate burn end time, and the vaporate specifics update the running database (FIG. 1A-1E A vaporizer device, such as devices 10, 100, 100′, may include a vaporized mass predictor (e.g., VMP unit), such as within the control unit 10, 110, wherein the VMP 109 may execute the logic to determine the dose delivered according to the method, wherein the VMP includes software (e.g., a software module or control logic) that runs on the processor and may integrate power readings from the heater controller, temperature readings from the temperature sensor; and in some cases puff duration or puff frequency readings from the puff sensor and timer, and will then calculate how much vapor has been vaporized from a vaporizable material as set forth in [0130], FIG. 1B Heater 360, wherein the temperature of the heater may be controlled by the microcontroller of the PCB 240 as set forth in [0093]; as well as FIG. 1A Heater 106, controlled by the heater controller may include a dedicated or general purpose processor, circuitry, or the like and is generally connected to the power source and may receive input from the power source to regulate the applied power to the heater, the controller forming or including the heater controller may also include additional controllers/processors and executing logic 110 as set forth in [0085], the power source may be communicatively coupled to the heater controller and the power source is configured to deliver an adjustable amount of power and is controlled by the VMP unit as set forth in [0151]; FIG. 1 and 1E Devices 10, 100, 100’, may include a memory coupled to the VMP. The memory is internal to the electronic vaporizer device. In certain embodiments, the memory is external to the electronic vaporizer device and is configured to store a plurality of any of temperature, power, pressure, time, puff duration, puff frequency measurements and combinations thereof as set forth in [0148]; an alert unit is configured to alert the user when the amount of vapor delivered meets or exceeds a preset vapor amount threshold for the user's puff, or when a cumulative amount of the vapor delivered from a plurality of puffs meets or exceeds a preset vapor amount threshold as set forth in [0083] and [0090]).
Regarding claim 12, Atkins as modified discloses the claimed invention substantially as claimed as set forth for claim 10 above.
Atikins as modified above for claim 1 further teaches, wherein the electronics unit and said heating unit are removably secured within the body of said vaporizer. Accordingly, It would have been obvious to one of ordinary skill in the art to modify the heating unit and electronics unit of the device of Atkins as modified to make them removeable or separable from the device, According to section 2144 of the MPEP, the rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law. In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992); see also In re Kotzab, 217 F.3d 1365, 1370, 55 USPQ2d 1313, 1317 (Fed. Cir. 2000) (setting forth test for implicit teachings); In re Eli Lilly & Co., 902 F.2d 943, 14 USPQ2d 1741 (Fed. Cir. 1990) (discussion of reliance on legal precedent); In re Nilssen, 851 F.2d 1401, 1403, 7 USPQ2d 1500, 1502 (Fed. Cir. 1988) (references do not have to explicitly suggest combining teachings); Ex parte Clapp, 227 USPQ 972 (Bd. Pat. App. & Inter. 1985) (examiner must present convincing line of reasoning supporting rejection); and Ex parte Levengood, 28 USPQ2d 1300 (Bd. Pat. App. & Inter. 1993) (reliance on logic and sound scientific reasoning). Making components seperable/removeable for the pupose of servincing, cleaning, upgrading, or access to internal components of the device are all motivations for doing so that would be obvious to one of ordinary skill in the art. See In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose."), which discusses that making components separable or removeable are common practices which the court has held normally require only ordinary skill in the art and hence are considered routine expedients. Therefore, it would have been obvious to one of ordinary skill in the art to make it so the heating unit and electronics unit are removably contained within the body.
Conclusion
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/KEIRA EILEEN CALLISON/Examiner, Art Unit 3785 /KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785
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